New Regulation Offers Concurrent Filing for EB-5 Investors

In a recent EB5 Investors blog, Partner Mitch Wexler discusses concurrent filing, which allows investors to file Form I-526 and Form I-485 at the same time. Among other changes, this stems from the reauthorization and reform of the Regional Center Program after President Biden signed the federal spending bill into law.

Foreign nationals in the U.S. on non-resident visas and whose priority date is current are eligible to file Form I-526 and concurrently apply for adjustment of status. The I-485 petition is filed when an investor applies to have their status adjusted to an immigrant category, also known as adjustment of status or AOS.

The benefit of concurrent filing is that it allows EB-5 investors lawful permanent resident status while awaiting adjudication of their I-526 petitions. Concurrent filing lifts the restrictions that come with H-1B, E-2 and F-1 visas, allowing foreign nationals to freely live, work and study in the U.S.

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